Non-examination of some of the witnesses or independent witnesses, is not always fatal to case of prosecution

In the present murder case, accused persons allegedly armed with lathis and pistol attacked deceased, Pradhan of the village and fired shot him causing death at the spot. In absence of any challenge as to recovery of the dead body from the road near Primary Pathshala and blood stained Gamchha and tahmad from that place, the prosecution proved the place of incident as stated in FIR. Testimony of eyewitnesses, sons of deceased, trustworthy and reliable. Non-examination of independent witnesses not fatal to the prosecution case. No evidence led to prove false implication due to enmity and absence of the accused at the place of occurrence. Accused specifically named in FIR and attributed specific role as established and proved from the evidence of eyewitnesses.

Apex Court held that where there is clinching evidence of eyewitnesses, mere non-examination of some witnesses or independent witnesses and in absence of examination of any independent witnesses would not be fatal to the case of the prosecution. Examination of independent witnesses is not an indispensable requirement and such non-examination is not necessarily fatal to the prosecution case.